What are your options if your employer retaliates?

| Mar 5, 2021 | Employment Law |

When you work in New Jersey or any other state, you enjoy the right to freedom from retaliation by your employer. Retaliation is considered harassing, demoting, firing or taking other action against an employee who filed a complaint. Just as your employer can’t legally discriminate against you based on your color, race, national origin, age or gender, they can’t discriminate against you just because you filed a complaint about the business.

The EEOC

When an employee feels that they have been discriminated against by an employer, they may choose to file a complaint with the EEOC. This stands for the U.S. Equal Employment Opportunity Commission. Once a complaint is received, the EEOC will investigate the harassment claim. The organization’s job is to act as an enforcer of employee rights and come to a reasonable decision through a settlement or mediation.

What to do when retaliation occurs

If there was an act of clear retaliation against you for filing a complaint with your employer or the EEOC, then you have options. First, you should talk to your human resources department or your supervisor to report the retaliation act. If they can’t provide you with a legitimate reason for why the action was taken and are unwilling to correct their wrong, you’ll need to talk with the EEOC. The EEOC can handle retaliation cases where an employer denies the claim or refuses to do anything about it.

It’s every citizen’s right to be able to work in an environment that is free from discrimination. When acts of discrimination occur, they should be handled with the utmost care. However, this isn’t always the case. Some employers may unfairly take actions out of retaliation against an employee who reports discrimination. When this happens, an employment law attorney may help the affected employee promptly address the issue to ensure that the employer is held accountable.